Section 53. Restriction on creation of charitable trust. (MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004

ENACTMENT NO. 5 OF 2004
MAJLIS UGAMA ISLAM NEGERI SABAH ENACTMENT 2004

PART III - FINANCE
Wakaf, Nazr and Trust

Section 53. Restriction on creation of charitable trust.

(1) Whether or not made by way of will or death-bed gift, no wakaf or nazr made after the commencement of this section and involving more than one-third of the property of the person making the wakaf or nazr shall be valid in respect of the excess beyond such one-third.

(2) Every wakaf khas or nazr made after the commencement of this section shall be null and void unless –

(a) the Yang di-Pertua Negeri on the advice of the Majlis, has expressly sanctioned and validated the wakaf khas or nazr, or

(b) the wakaf khas or nazr made while the maker was seriously ill and the maker subsequently dies of such illness and was made in writing by an instrument executed by him and witnessed by two adult Muslim living in the same kariah masjid as the maker.

(3) This section shall not operate to render valid any will, death-bed gift, wakaf or nazr which is invalid under the provisions of Islamic Law.

(4) Any wakaf or nazr which is valid in accordance with the previous Enactment shall remain valid for the purpose of this Enactment.